Representing the tech-industry coalition Chamber of Progress, Broadfield announced that it had filed an amicus brief with the U.S. Supreme Court in the landmark case Apple Inc. v. Epic Games Inc.
The brief addresses critical issues regarding civil contempt standards, warning that holding parties in contempt based on the perceived “spirit” or intended purpose of an injunction creates dangerous legal uncertainty for businesses.
“In practice, relying on an order’s ‘spirit’ weakens injunctions, especially against determined, well-resourced parties. If a court relies on subjective intended purpose rather than stating a clear, objective command up front, it invites ambiguity. That lack of clarity ultimately provides contemnors with their best defense, undercutting adherence at the precise moment courts need it most.”
Daniel S. Alter
Partner and counsel for Chamber of Progress
The amicus brief supports Apple’s challenge to lower court rulings holding the tech giant in civil contempt for imposing a 27% commission on transactions that link out from iOS apps. While the district court and the Ninth Circuit concluded that the commission violated the “spirit” of an underlying anti-steering injunction, the brief emphasizes that contempt requires clear and unambiguous notice grounded directly in the explicit terms of a court order.
By urging the Supreme Court to reject expansive, “spirit”-based contempt findings, the brief advocates for a predictable legal standard that ensures courts issue precise commands and that businesses subject to injunctions receive unambiguous guidance on how to comply.
